Congressional budget negotiators announced on Tuesday a plan to fund the government and restore some domestic and military spending, avoiding deeper sequestration cuts expected later this week and preventing a government shutdown for two years.
The past year has seen a number of major decisions impacting product liability practice, including a very active U.S. Supreme Court regarding the application of the Class Action Fairness Act. While the trend appears to somewhat favor manufacturers, consumer actions will continue to be fertile areas of litigation in 2014, says Eileen Ridley of Foley & Lardner LLP.
Since the U.S. Supreme Court's decision to review CLS Bank International v. Alice Corp. was announced on Dec. 6, the wires have been flooded with alarmist articles, but fears that software patents could be categorically excluded from patent eligibility by judicial decree are misplaced, says Linda Thayer of Finnegan Henderson Farabow Garrett & Dunner LLP.
While the revisions to the EU merger rules are meant to reduce the administrative burden and cost for business, they will increase the burden imposed on companies when a close review of the transaction is required in order to assess potential competitive effects. This increased burden may outweigh the benefits of the revision package, say Svajune Sakalyte and Jens Hackl of Morrison & Foerster LLP.
While new Small Business Administration regulations will likely increase General Services Administration Federal Supply Schedule set-aside opportunities and prove to be quite beneficial to small businesses, they fail to address a key question that many large and small businesses are grappling with regarding recertification of size status under multiple award contracts, say Todd Overman and Marta Thompson of Hogan Lovells LLP.
Although treatment of the attorney-client privilege has not traditionally been a focus of merger negotiations, such consideration should now be given in light of the Delaware Court of Chancery ruling in Great Hill Equity Partners IV v. SIG Growth Equity Fund I, say attorneys with Paul Hastings LLP.
Certainly, no defendant wishes to advocate for greater damages. In addition to having to advance such an untenable position for the privilege of gaining access to federal court, there are at least two other issues that a defendant in the Second Circuit should consider before spending the time and money to seek removal of an action when the complaint is ambiguous on its face as to the amount of damages sought, say Andre Cizmarik and Kara Cormier of Edwards Wildman Palmer LLP.
At a minimum, Pennsylvania’s updated professional conduct rules should give employers additional ammunition to push for using the latest cost-saving technology, such as predictive coding, when defending against litigation in Pennsylvania courts. As a practical matter, however, the effects may be limited, says Jacob Oslick of Seyfarth Shaw LLP.
The first criminal case ever prosecuted under the Migratory Bird Treaty Act against Duke Energy reinforces the importance of developing voluntary compliance mechanisms in cooperation with the U.S. Fish and Wildlife Service to reduce bird mortality — and raises the possibility that more enforcement actions could be on the horizon, say attorneys with Perkins Coie LLP.
Although California courts after Apple v. Superior Court have declined to explicitly hold that the Song-Beverly Credit Card Act does not apply to e-commerce, a practical implication of subsequent decisions is that the collection of personal information from online transactions is more likely to be excused because it can help prevent credit card fraud, say Thomas Brown and Kristin Hall of Paul Hastings LLP.
No document review mechanism guarantees perfection, but the adoption of predictive coding has the potential to drastically alter the way in which documents are reviewed and produced in complex pharmaceutical and medical device litigation, says Jessica Sykora of Norton Rose Fulbright.